Muriungi v Dogra (Enviromental and Land Originating Summons E019 of 2024) [2025] KEELC 8469 (KLR)
The bottom line
#A Kenyan court struck out a land lawsuit because it was filed against someone who had already died, ruling you cannot fix that by simply amending the case papers.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit against a deceased defendant is a nullity
Yes; the defendant died on 07.04.2021 and the originating summons was filed on 15.03.2024, so the suit was a nullity from inception and was struck out.
The court applied the principle that a suit against a deceased person is a nullity, relying on Viktar Maina Ngunjiri & 4 others v Attorney General & 6 others [2018] eKLR and McFoy v United Africa Company Ltd, holding that something founded on a void act collapses and cannot stand.
Whether the originating summons could be amended to substitute the executors
No; amendment cannot cure a nullity and the legal representatives cannot be joined into a suit filed after the deceased's death.
The plaintiff's good faith and ignorance of the death were immaterial. Since the suit itself was void from inception, substituting the executors would not rescue it; the amendment application was therefore declined as untenable.
Costs
No order as to costs; although costs follow the event, an incompetent suit against a deceased defendant does not entitle the latter to costs.
The general rule under the proviso to Section 27 of the Civil Procedure Act is that costs follow the event, but the court in its discretion declined to award costs because the suit was incompetent for being brought against a deceased defendant.
Legal principles established
#- A suit filed against a deceased person is a nullity from inception and cannot be sustained or cured by amendment, even where brought in good faith in ignorance of the death.
Court orders
#- 1.The entire suit is hereby struck out for being a nullity.
- 2.The plaintiff's notice of motion dated 02.06.2025 is hereby dismissed.
- 3.There shall be no order as to costs on the suit and the applications.
- Jurisdiction invoked
- Sections 3, 13(1)(2 d & e) and (5) of the ELC Act; Sections 3A and 12(1) of the Civil Procedure Act; Order 2 Rule 15(1)(a) and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriungi v Dogra (Enviromental and Land Originating Summons E019 of 2024) [2025] KEELC 8469 (KLR)", Case Analysis (2025). Not stated in judgment (Originating Summons dated 15.03.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8469/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.